New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Expert medical assessment

Legal area

Court

27 Feb 2006

Henderson v Accident Compensation Corporation

Citation

[2006] NZACC 50
Court

District Court

The unchallenged medical assessment (2% WPI) supported by specialist opinion did not meet the statutory 10% threshold for an Independence Allowance; absent clear and cogent evidence of a flawed assessment, the court must accept the assessor's findings and therefore the appeal is without merit and is dismissed.
2 Apr 2004

J v Accident Compensation Corporation

Citation

[2004] NZACC 88
Court

District Court

The court upheld the assessor's impairment assessment as not shown to be flawed and accepted the assessor's 20% apportionment for non-covered factors; because a prior lump sum award existed Section 442(2)(b) applies and the Independence Allowance is payable from the date of application (25 February 2002), resulting in a 16% entitlement.